IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7903/2019 BETWEEN 1. SREERANGA S/O POOJARI THIMMAPPA AGED ABOUT 38 YEARS RESIDENT OF MANCHAKAL KUPPE VILLAGE, NH-4 ROAD URDIGERE HOBLI TUMKUR TALUK AND DISTRICT – 572 101 2. M.S. RUDRAIAH S/O SIDDABASAIAH AGED ABOUT 24 YEARS RESIDENT OF MYDALA VILLAGE URDIGERE HOBLI TUMKUR TALUK AND DISTRICT – 572 101 3. MAHESH S/O CHIKKARUDRAPPA AGED ABOUT 33 YEARS RESIDENT OF MANCHAKAL KUPPE VILLAGE, NH-4 ROAD URDIGERE HOBLI TUMKUR TALUK AND DISTRICT – 572 101 ... PETITIONERS (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE BENGALURU REP. BY THE PUBLIC PROSECUTOR RURAL COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.503/2019 REGISTERED BY MADANAYAKANAHALLY POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 489(B), 189(C), 120B AND 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.
2 to 4 in Crime No.503/2019 of Madanayakanahalli Police Station for the offence punishable under Sections 489-B, 489-C, 120(B), 420 r/w 34 of IPC, now pending on the Court of Addl. Civil Judge(Junior Division) and JMFC, Nelamangala, Bengaluru Rural District.
3. The brief facts of the case are that, Accused No.1 was arrested by the police on 17.10.2019 and he surfaced the names of these petitioners as assailants and on such information, on 18.10.2019 these petitioners (A2 to A4) were arrested by the respondent- Madanayakanahalli Police. At present, except the voluntary statement of the accused persons, no other materials are available against these petitioners.
4. As per the case of the prosecution, Accused No.1 came in contact with these petitioners and the police caught him from an isolated house belonging to one Manjunatha, situated in Pandithanahalli, which was taken on rent basis, which is 2 km. away from the village. On arrest and enquiry, the petitioners/accused 2 to 4 have stated that, since one month they knew Accused No.1 and he assured them that he will give job to them and pay good salary, and asked them to act as per his directions. The petitioners have further stated that, they used to remain with Accused No.1 during night. It is alleged that, Accused No.1 has kept Bond Papers, Colour Xerox Printer in that house and he used to print Rs.2000 denomination notes on Bond Paper during night for one week. It is also alleged that, when these petitioners have questioned Accused No.1 regarding his act of printing Rs.2000/- fake currency notes, he told them to keep quiet and therefore, they kept quiet.
5. On perusal of the materials on record, at present, except the said allegations, no materials are available on record to show that the petitioners were in possession of any counterfeit currency notes and also the petitioners were indulged in distributing any fake currency notes among the public. The prosecution has to establish the fact of collusion between Accused No.1 with Accused Nos. 2 to 4 in the alleged act, during the course of full-dressed trial.
6. As noted above, the petitioners have already been arrested and since the date of their arrest, they were in judicial custody. It appears that the petitioners are not required for any further interrogation or investigation. Therefore, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A2 to A4) shall be released on bail in connection with Crime No.503/2019 of respondent- Madanayakanahalli Police Station for the aforesaid offences, now pending before the Court of Addl. Civil Judge(Junior Division) and JMFC, Nelamangala, Bengaluru Rural District, subject to the following conditions:
(i) Each of the petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
v) The petitioners shall mark their attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/- JUDGE